Heirs of La Branch v. Montegut
Supreme Court of Louisiana
A PPEAL from the Twenty-first Judicial District Oourt for the Parish of St. John the Baptist. Rost, J. On the 23d of March, 1871, the plaintiffs, by act before Guyol, notary public, mortgaged in favor of Octave Hymel, property described in the act as “a certain tract of land or sugar plantation situated in the parish of St. John the Baptist, on the left bank of the river Mississippi, at about thirty-nine miles above the city of New Orleans, measuring eleven arpents front on…
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A PPEAL from the Twenty-first Judicial District Oourt for the Parish of St. John the Baptist. Rost, J. On the 23d of March, 1871, the plaintiffs, by act before Guyol, notary public, mortgaged in favor of Octave Hymel, property described in the act as “a certain tract of land or sugar plantation situated in the parish of St. John the Baptist, on the left bank of the river Mississippi, at about thirty-nine miles above the city of New Orleans, measuring eleven arpents front on the said river by a depth of eighty arpents.” In July, 1878, Hymel obtained an order for-the seizure and sale of the…
1Opinion of the Court
The opinion of the court was delivered by
Nicholls, 0. J.
The evidence shows that at the time of the granting of the mortgage a levee ran along the river front, and that beyond the levee there unquestionably existed a batture. That in-1872 or 1873 a new levee, further to the front, was built, the effect *676of which was to bring the batture inside of the general line of levees as then established on the front. The testimony does not show by whom this new levee was constructed, but we assume it was pub up by the public authorities, and to conform to public requirements at that time. The batture in…
2Cited by10 opinions
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- Cahill v. Mayor of BaltimoreCourt of Appeals of Maryland · 1938
- Barbera v. Midway Land Co., Inc.Louisiana Court of Appeal · 1984
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